ORDER 1. Delay in filing rejoinder-affidavit is condoned and the same is taken on record. 2. Heard Shri Arun Monga, learned counsel for the petitioner and Shri Harish N. Salve, learned Solicitor-General for the respondents. 3. In this special leave petition the assessee has assailed the order dated 19-8-1999 of the Punjab and Haryana High Court confirming the order dated 11 ~5-1999, passed by the Director General, Income Tax (Investigation), Delhi and NW Region, Respondent 2 herein. 4. The short question that arises for determination in the case is whether Respondent 2 has power to waive the interest levied under Section 158-BFA(1) of the Income Tax Act. Section 158-BFA(1) provides, inter alia, that where the return of total income including undisclosed income for the block period, in respect of search initiated under Section 132 or books of a account, other documents or any assets requisitioned under Section 132-A on or after the 1st day of January, 1997, as required by a notice under clause (a) of Section 158-BC, is furnished after the expiry of the period specified in such notice, or is not furnished, the assessee shall be liable to pay simple interest at the rate of two per cent of the tax on undisclosed income, determined under clause (c) of Section 158-BC. In this case undisputedly there was delay of 4 months 28 days in filing the return by the assessee. The assessee took the plea that the delay was caused in getting copies of the relevant documents which had been seized by the department in the course of search and seizure proceedings. The assessee placed reliance on the provision in Section 234-A of the Income Tax Act and the circular of the Central Board of Direct Taxes dated 23-5-1996 wherein certain guidelines for waiver of interest leviable under Section 234-A of the Act under certain circumstances had been issued. 5. Respondent 2 in the order dated 11-5-1999 declined to accept the prayer of the assessee for waiving the interest levied under Section 158-BFA either under the provisions of the IT Act or under the circular issued by the Board of Direct Taxes. He also referred to a clarification received from the Board that power of waiver of interest under Section 158-BFA is not vested in him. As noted earlier the High Court confirmed the order passed by Respondent 2 on merits. He also referred to a clarification received from the Board that power of waiver of interest under Section 158-BFA is not vested in him. As noted earlier the High Court confirmed the order passed by Respondent 2 on merits. It is pertinent to mention here that the circular dated 23-5-1996 was issued by the Board under Section 119(2)(a), IT Act which vests power in the Board to pass general or special order for waiver of interest under the provisions specified therein including Sections 234-A, 234-B and 234-C of the IT Act. No such power is vested in the Board so far as the interest leviable under Section 158-BFA(1) is concerned. 6. We have perused the papers and considered the submissions of learned counsel appearing for the parties. 7. The order passed by the High Court dismissing the writ petition confirming the order passed by the Director General, Income Tax (Investigation), Delhi and NW Region, does not suffer from any serious illegality which warrants interference by this Court in exercise of jurisdiction under Article 136 of the Constitution. Accordingly, the special leave petition is dismissed. Court Masters